How to Find a Criminal Defense Lawyer When You're Accused of a Crime
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Resources
- NBTA Standards for Civil and Criminal Trial Advocates--Certification
National Board of Trial Advocacy's rigorous Board Certification requirements demonstrate an enhanced level of skill, expertise, integrity, and dedication to clients -- for lawyers who achieve this certification. - Legal Consumer Resource Center
- Evaluate a Lawyer with Exclusive Martindale-Hubbell® Peer Review Ratings™ Service on Martindale.com®
Your worst nightmare has happened. Your heart sinks when you see the law enforcement officer walk toward you to tell you "You are being arrested" for a criminal charge.
A million thoughts go through your mind like, "What am I going to do now. What does this mean for my freedom, my future and my family? What can I do to protect my rights and defend my freedom? How can I find the best criminal defense lawyer for my case?"
Unfortunately, this situation can happen to anyone. You may be an innocent person being wrongfully accused, or perhaps, you just made a wrong decision about how to handle a difficult problem in life. However it happens to you, it definitely seems like a bad dream...... and you desperately want someone to help you fight against the prosecutors who want to "put you away".
Suddenly this Legal Problem is Your Top Priority
You need legal help fast and you need the best legal help you can afford. If you're convicted it can have an enormous effect on your life.
A Video Below Describing How You May Feel With This Problem:
Send Lawyers, Guns & Money
Although you're naturally in a hurry to make a decision, you need to make it carefully. This is not the time to seek the cheapest attorney you can find. If you needed brain surgery you probably wouldn't choose a doctor based on who quoted the lowest price. Likewise, you don't want to select a lawyer because he charges the lowest fee. On the other hand, you don't necessarily have to hire the highest price lawyer either.
OK, So How Do You Choose a Criminal Defense Attorney?
Do you call your uncle's estate planning lawyer or the attorney who helped your co-worker in a divorce? Or, do you just pick someone because he or she has a full-page ad in the yellow pages?
None of those methods are recommended when you're facing a criminal charge. You see, while all lawyers went to law school, got a law degree and passed the bar, not all lawyers are experienced in criminal defense. Some have never been in a courtroom.
Not All Attorneys Are Equal in a Criminal Case
There are numerous kinds of law and many lawyers devote most of their time to just a few areas of practice. It's impossible for a lawyer to be an expert in every area of law.
For instance, it makes logical sense that attorneys who spend most of their time working on contracts and representing business clients wouldn't be as effective in the courtroom as a lawyer with years of criminal trial work. Just like doctors who specialize in certain parts of the body, there are attorneys who concentrate their practice in certain areas.
And generally, when you get an expert in anything, you can expect to pay more than you would for someone with limited knowledge or experience.
That being said, there are some things to look for in order to choose the best attorney for your case. Here are:
7 Factors in Finding the Best Lawyer for Your Criminal Defense:
- A key factor to consider is how many years the lawyer has been practicing criminal law. Of course, it's best to seek someone with a lot of years of experience in criminal law, ideally with 10 years or more. You really don't want to entrust your future to a "kid just out of law school".
- Secondly, you'll want to know that the lawyer you choose has handled many trials, so that he or she will be very familiar and adept with the process. There are some criminal lawyers who rarely, if ever go to trial, oftentimes because they feel less than competent with trials. So they make sure they "settle" outside of court, which may not be the best for the client. What's more, the prosecutors sense those lawyers' reluctance to go to trial, and consequently, it can negatively affect what is offered to the client. Certainly a lawyer who has handled 100 or more trials will be seen by the other side as an adversary who is not afraid to go to trial, and therefore, will have a stronger bargaining position.
- You should also find out how many jury trials the attorney has handled. Jury trials are more involved than other trials and require expertise in other facets such as picking a jury and delivering persuasive closing arguments. Here again you want your lawyer to have tried a large number of jury trials ....say 50 or more.
- Some states recognize specializations in practice areas (while many don't allow specialization designations)-- and lawyers have to meet state requirements in order to reflect those specializations. However, there is another credential awarded nationally, which designates that a lawyer is a Certified Criminal Attorney by the National Board of Trial Advocacy. It means the attorney has met several rigorous requirements relating to criminal defense, including having actively participated in 100 additional contested matters involving the taking of testimony. This is a certification that truly reflects someone qualified in criminal defense, as the certification is not based on any "political" or biased considerations. If an attorney has this certification, you have a third party verification of his experience and don't have to simply rely on the lawyer's assertion that he is qualified.
- Of course you have to be comfortable with being able to communicate with the lawyer and you should expect to be updated on your case on a regular basis. Your initial consultation should be used to determine whether you could be comfortable and confident handing over your defense to this individual. Be sure to ask whether the lawyer you are interviewing and think you are hiring is the one who will actually be handling your case. Some firms will have a lead lawyer consult with you initially and then hand the case over to a new lawyer in the firm. I believe a criminal charge, particularly a felony (punishable by one year or more) should be handled by an experienced and seasoned lawyer.
- Discuss the fee arrangement and determine whether it is a flat fee or hourly rate. It's best for the client to get a flat fee quote, rather than an hourly fee arrangement so he or she will know the total cost rather than worrying about the attorney purposely dragging things out to increase his fees. You should also determine if the flat fee covers the case through trial. Sometimes lawyers will quote one fee to handle the case if it doesn't go to trial, and another higher fee to go to trial. So you need to make sure you know what is being covered.
- When talking to different lawyers be wary of the lawyer who gives you a much lower fee than the others. Some lawyers will charge less because they're not as experienced (not desirable for you) or they handle a high volume of cases, but, of course, that means they can't spend much time or attention on your case (also not a good thing for you). There are others who may state they only charge a small amount such as $100 to go to court for you, however they will continue to charge you for each appearance, phone call or anything else they do, and the total cost can end up being more than a flat fee quoted by another lawyer. And, as I mentioned before, some lawyers are the "settling" kind of lawyers who won't go to trial even if it's to their client's benefit to do so, Therefore, their quoted fee will probably be less (since going to trial is much more work).
These are considerations you or someone you know who is facing a criminal charge should know about to find a criminal defense lawyer so your freedom and your rights will be protected.
I'd really like to hear your comments on good or bad experiences with criminal defense lawyers.... and whether this information I presented could have helped avoid a bad experience.before the lawyer was hired.
CommentsLoading...
Hi edmond3 - great info on the post... although I don't plan on becoming a fugitive anytime soon, I will bear your info in mind and come back to it - should the need arise. LOL
Thank God I have never been accused of a crime! This article is a great place to start for someone who has however. Great hub edmond3!
I hope I never need this information but it is good to know the basics in case I do need it. A good place to start. Thanks for the infomration
Hey Ed, this is great info though I too hope I never need to use it! I do have a question. When you have an initial appointment with an attorney to determine if you will work with them, do they charge for this? OR Is this like other industries, such as real estate, where it is an opportunity for them to try and acquire your business so is a service they provide free of charge?
I know about this dvd that gives you allot of very helpful information. If you are fighting your case and are innocent. This dvd can help you. http://lawyeryourself.net/purchasedvd.php
wow great write thanks a lot man












ChristineG 4 years ago
Great information! I will definately keep this in mind if I, or someone I know needs to hire an attorney.